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RINGEISEN CASE

Doc ref: 2614/65 • ECHR ID: 001-55399

Document date: December 11, 1973

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RINGEISEN CASE

Doc ref: 2614/65 • ECHR ID: 001-55399

Document date: December 11, 1973

Cited paragraphs only

In November 1973 the Committee of Ministers, exercising its function

under the European Convention on Human Rights to supervise the

execution of the judgments of the European Court of Human Rights,

discussed the action taken by the Austrian Government pursuant to the

judgment which the European Court of Human Rights had delivered in

the "Ringeisen Case".

Michael Ringeisen introduced his application to the European

Commission of Human Rights on 3 July 1965 (No. 2614/65). In this

application he submitted a series of complaints, some concerning the

criminal proceedings brought against him and others relating to

administrative and civil cases which he had introduced before the

Austrian authorities alleging the violation of several articles of the

Convention and the First Protocol.

The European Commission of Human Rights on 19 July 1968 declared three

of the applicant's complaints admissible.

In its report transmitted to the Committee of Ministers on

29 April 1970, the Commission expressed the opinion:

- by eleven votes to one that the applicant's detention lasted beyond

"a reasonable time", with the result that, in this case, there was a

violation of Article 5 (3) (art. 5-3);

- that neither in the fraud case (unanimously) nor in the fraudulent

bankruptcy case (eleven votes to one) did the length of the criminal

proceedings taken against the applicant exceed "a reasonable time"

within the meaning of Article 6 (1) (art. 6-1);

- by seven votes to five that there was no violation of Article 6 (1)

(art. 6-1) (right to fair trial) in the proceedings for approval of

the contracts for the sale of land because the proceedings did not

involve the determination of "civil rights and obligations" within the

meaning of Article 6 (1) (art. 6-1).

The Commission referred this case, on 24 July 1970, to the European

Court of Human Rights to obtain a decision from the Court as to

whether the facts of the case did or did not disclose, on the part of

Austria, a violation of its obligations under Articles 5 (3) and

6 (1) (art. 5-3, art. 6-1) of the Convention.

The European Court of Human Rights, on 16 July 1971, delivered a

judgment in which it:

held unanimously that in the proceedings in question there was no

violation of Article 6 (1) (art. 6-1);

- held by five votes to two that the detention of the applicant

constituted a breach of Article 5 (3) (art. 5-3) from 14 May 1965 to

14 January 1966;

- held by four votes to three that likewise after 14 January 1966, and

up to 20 March 1967, the detention was continued in breach of the same

provision of the Convention;

- reserved for the applicant the right, should the occasion arise, to

apply for just satisfaction as regards these violations.

Mr Ringeisen then requested that the Court should award him full

reparation for material and non-material damage allegedly suffered by

reason of the excessive length of his detention on remand. Assessing

various factors, the Court considered that Mr Ringeisen should be

afforded just satisfaction and in a judgment of 22 June 1972 fixed at

20 000 German marks the overall sum to be paid to him in this regard

by the Republic of Austria.

In a further judgment of 23 June 1973, interpreting the judgment

above-mentioned, the Court held, by six votes to one, that the

judgment of 22 June 1972 meant that the compensation in the sum

of 20 000 German marks afforded to the applicant should be paid to him

in that currency and in the Federal Republic of Germany; also by five

votes to two that the same judgment meant that the aforementioned

compensation was to be paid to Michael Ringeisen personally and free

from attachment.

The Committee of Ministers has taken note that pursuant to its

obligation under Article 53 (art. 53) of the European Convention on

Human Rights, the Government of Austria has executed the judgment of

the Court of 22 June 1972, as interpreted by the judgment of

23 June 1973.

The Committee of Ministers has also agreed that its task of

supervising the execution of the judgment of the Court, in accordance

with Article 54 (art. 54) of the Convention, has now been completed in

this case.

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